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Commercial Suit No.38/2023

Case between State Bank of India vs M/s. Union Institutional Supplies et al regarding realisation of money

Court
II Addl. Commercial Court/Subordinate Judge, Kozhikode
Judge
Smt. Vandana R
Order Date
2025-01-15
Duration
approximately-8 years 10 days
Case Closed
Wed, 01/15/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

State Bank of India filed a suit against M/s. Union Institutional Supplies and its partners for defaulting on a cash credit hypothecation loan. The court found in favor of the bank requesting the defendants to repay the outstanding loan amount.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount along with interest.
Judgment Favored
Plaintiff
Relief Granted
Defendants are jointly and severally directed to pay an amount of Rs. 13,48,831/- with interest.
Case Type
Commercial Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay the outstanding loan amount along with interest.
Why Plaintiff Won:
The court found substantial evidence supporting the plaintiff's claim regarding the loan agreement and subsequent defaults.
Losing Side's Weaknesses:
The court found substantial evidence supporting the plaintiff's claim regarding the loan agreement and subsequent defaults.
Supporting Evidence
I find that plaintiff had succeeded in proving their case.

Judgment Evidence:

In the result, suit is decreed as follows: (a) Defendants are jointly and severally directed to pay an amount of Rs. 13,48,831/- (Rupees Thirteen lakhs forty eight thousand eight hundred and thirty one only) with 9% interest per annum from the date of suit, till the date of decree and thereafter, @ 6% per annum till realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
State Bank of India
Party Role
Defendant
Party Name
M/s. Union Institutional Supplies
Relation
Rep.by its Managing Partner
Party Role
Defendant
Party Name
Prasad G
Party Age
55
Relation
S/o.Gopal T
Party Role
Defendant
Party Name
Rajish Balan
Party Age
48
Relation
S/o.V.P.Balan
Party Role
Defendant
Party Name
Rajesh Pillai
Relation
S/o.Viswanathan Pillai
Party Role
Defendant
Party Name
Harikumar P.G.
Party Age
48
Relation
S/o.Gopalakrishna Menon
Plaintiffs Documents
Loan application signed by defendants infavour of plaintiff, Sanction letter, Hypothecation cum working capital agreement, Guarantee agreement for working capital agreement, Revival letters, Letter of arrangement, Lawyer notice, Non starter report, Statement of accounts.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri.Sajeevan M.V.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.E.Balakrishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Adv.Unnikrishnan
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Defendants are jointly and severally directed to pay an amount of Rs. 13,48,831/- with interest.
Evidence:
In the result, suit is decreed as follows: (a) Defendants are jointly and severally directed to pay an amount of Rs. 13,48,831/- with 9% interest per annum from the date of suit, till the date of decree and thereafter, @ 6% per annum till realization.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is also entitled to realise the cost of the suit.
Evidence:
In view of the findings in issue No.1, I find that the plaintiff is entitled to realise the amount claimed in the plaint.

Documents & Evidence

Document Type: Loan Application
Submitted By: Plaintiff
Relevance:
Defendants applied for loan before the plaintiff bank.
Reference:
Ext.A1
Document Type: Sanction letter
Submitted By: Plaintiff
Relevance:
Plaintiff bank granted loan to the defendants.
Reference:
Ext.A2
Document Type: Hypothecation cum Working Capital Agreement
Submitted By: Plaintiff
Relevance:
Executed by the defendants in favour of the plaintiff bank.
Reference:
Ext.A3
Document Type: Guarantee Agreement
Submitted By: Plaintiff
Relevance:
Executed by the defendants in favour of the plaintiff bank.
Reference:
Ext.A4
Document Type: Revival Letter
Submitted By: Plaintiff
Relevance:
Executed by the defendants in favour of the plaintiff bank.
Reference:
Ext.A5
Document Type: Revival Letter
Submitted By: Plaintiff
Relevance:
Executed by the defendants in favour of the plaintiff bank.
Reference:
Ext.A6
Document Type: Letter of arrangement
Submitted By: Plaintiff
Relevance:
Executed by the defendants in favour of the plaintiff.
Reference:
Ext.A7
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Issued by the plaintiff bank calling upon the defendants to repay the outstanding loan amount.
Reference:
Ext.A12
Document Type: Non Starter Report
Submitted By: Plaintiff
Relevance:
Issued by the District Legal Services Authority, Kozhikode.
Reference:
Ext.A13
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Pertaining to the loan account of the defendants showing default in repayment.
Reference:
Ext.A14 to A16

Case Classification

Case Type
Commercial Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Recovery of money
Case Code
Case between State Bank of India vs M/s. Union Institutional Supplies et al regarding realisation of money
Case Code Year
Case between State Bank of India vs M/s. Union Institutional Supplies et al regarding realisation of money

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Case Filed
Wed, 03/09/2016 - 12:00
Case Closed
Wed, 01/15/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

Bank

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